Revolutionary War Pension and Bounty Land Warrant Application File W. 10598, Isaac Fisher, New Jersey

SERVICE
NUMBER
New Jersey
Fisher, Isaac
W. 10598
Chance, Fanny
B.L.Wt 105513-160-55
Former widow
CONTENTS

322.071 Act. No. 3 rd 1855
Dec. 13 th 1864
Fanny Chance formerly  wid. of Isaac Fisher - Private
See papers under act of 105 1 st Nov 53. the mid. roll. June 7 th 1832 - Chas
Revolutionary War.
No: for 160 acres, Sept;
27 th 1866.
Blynton.
C. H. Burkh
Louisville
H. E. Lloyd, Esq. Present.
Exhibit B Feb 25/90 to S. R. Lomax not in roll

Increase
Indiana
Hanny Chance former widow of
Isaac Fisher who served in the Revolutionary
war, as a private
Inscribed on the Roll at the rate of 96 dollars 00 cents per annum, to commence on the 31 February, 1853.  Red payment made since
27 July 1868
Certificate of Pension issued
20 th day of Nov r 1868
and sent to  George Bee Winslow Pike Co Ind.
Recorded on Roll of Pensioners under February 3, 1853, Page 224 Vol. 11
July 27/68
J. N. Smith
1857 Aug t Pen Agent reported paid to June 4. 1837 P.O. Winslow, Pike Co Ind - her age then would be about 79 years
Feb. 4 90. claim of S. R. Donney improperly filed for rein- transmitted to 3 d A. K.M. (No R. G.) K.M.
Feb 25/92 To S.R. Donney Copy inside

Indiana 26, 100 Ohio
Isaac Fisher
Franklin Co. in the State of Ohio was a Private in the Company commanded by Captain Heade of the Regt commanded by Col Drury in the Ohio  Infantry line of Holden
6 e No 3 p 20.00
Inscribed on the Roll of Ohio at the rate of 20 Dollars 00 Cents per annum. to commence on the 4th day of March, 1834.
Certificate of Pension issued the 6 th day of March and sent to 1834 Rev J. M c Vine, W.R.
Arrears to the 4th March 1834 40.00 Semi-ant. allowance ending Sept " 10 $ 50.00
Revolutionary Claim, Not June 7, 1832.
Recorded by J. S. Hargrave Clerk, Book 6 - Vol. 18 Page 8 -
Letter to Pen 15 June 1840 Rev to Pen Agent 20 July 1840 To Ind. Pen from 4 Sept 1839. 3. Sept 1840 - Notification to John M c Intire Petersburg Indiana.
Letter to Pen 2 Nov 1840. do. to I. C. Sec Auditor 15 Jan'y 1841.
Paid at the Treasury under the Act of the 6 th April 1838 from 4 Sept 1839 to 4 March 1840 Age Notified 23 Feb'y 1841
1026.101.10 a blank etc

Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832 —
The State of Ohio } County of Franklin } S.S.
On this 2 day of  day of September, personally appeared in open Court, before the Judges of the Court of Common Pleas now sitting Isaac Fisher a resident of Sharon Township, Franklin County and State of Ohio, aged about Sixty six years, who being first duly sworn according to Law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832 —
That he entered the service of the United States under the following named Officers and served as — in stated — His Colonel was Shreeves whose Christian name Deponent does not now recollect. The other field Officers have escaped his memory. The Officers of his Company were Giles Mead, Captain — Burrows, Lieutenant, and Carey, Ensign. The Deponent further States, that he entered the service of the United States, as near as he can recollect, in the month of June 1780 — And that he was discharged about the middle of December in the same year. And at the time Deponent entered said service he was a resident of the Town of Pompton in the County of Burgin and State of New Jersey, that he was drafted for the space of six months, which time he faithfully served out as a soldier under the above named Officers. Having occa-

- sionally been in some slight skirmishes but no seven engagements - That he joined the army at a place called Peekskill in Burgin County and State of New Jersey - and marched thence into the County of Essex in said State; Thence to Kings Ferry in the State of New York; Thence back to Hopston in the State of New Jersey - Thence to West Point in the State of New York and having remained there till the approach of Winter Deponent marched back with the army to a place called Wyncochee in the state of New Jersey where they took up their Winter Quarters, and where he Deponent was discharged by the proper authority about the middle of December as near as he can recollect - and that he served in the first Regiment Continental Regiment of the Jersey Troops so called, and in the Company commanded by Captain Giles Mead - That he was personally acquainted with Generals George Washington, Anthony Wayne and Lafayette, &c - He hereby relinquishes all and every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the agency of any state -
Sworn to and subscribed this day  month afternoon 3 rd day of July A D 1833 -
Plan Fisher Questions put by the Court to the Applicant - 2. Where and in what year were you born? Answer. by Deponent - As near as I can recollect, I was born on the 25 th day of December in the year 1766 -

-In the County of Burgin and State of New Jersey Q. by Court - Have you any record of your age and if so where is it?
A. by Deponent - I have not, but am confident as to the truth of my age, from the information of my Relatives.
Q. by Court - Where were you living when called into service; where have you lived since the Revolu- tionary War; and where do you now live? -
A. by Deponent - I was living in the Town of Pompton Burgin County New Jersey - and resided there after the close of the war up to the year 1806. Thence I moved to the State of Ohio. Franklin County, Shann Township, where I now live -
Q. by Court - How were you called into service; were you drafted; did you volunteer or were you a substitute, and if so, for whom?
A. by Deponent - I was drafted for the term of six months, which time I served out faithfully.
By the Court - State the names of some of the regular Officers, who were with the Troops where you served - such Continental and Militia Regiments as you can recollect, and the general circumstances of your service -
A. by Deponent - I was personally acquainted

Generals George Washington, Anthony Wayne and and La-Fayette - and also Colonel Shreeves whose Christian name I cannot recollect and Captain Giles Mead, Lieutenant Burrows and Ensign Carey. The first Continental line of Regiment of the Hessey Troops is the only one which I now well remember. And as to the general Cir- cumstances of my service, I can say that during the time of my six months service draft it so hap- pened that I was not in any Battle, or severe engage- ment, but some skirmishes with the British, my principal labour and duty being that of guarding the Ammunition Store, and performing Camp duty &c -
2. By Court - Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
3. By Deponent - I did receive one from Colonel Shreeves then Commandant, and disposed of the same to one Captain Ward, supposing it to be of little or no value at that time -
By Court - State the names of some of the per- sons to whom you are known in your pres- ent neighbourhood, and who can testify as to your character for veracity and their belief of your services as a soldier of the Revo-

-lution.
A. by Deponent - Col James Hilburn and Reverend Chandler Rogers, are persons who have known me for years.
— The Reverend Chandler Rogers, being of lawful age and duly sworn according to law, deposeth and saith that he best has been well acquainted with Isaac Fisher for a number of years, having lived for some time in the same neighbourhood, and that from his acquaintance with him he believes him to be a man of the strictest veracity - that he is of the age he represents, and that he is reputed and believed in the neighbourhood to have been a Revolutionary soldier. —
Chandler Rogers
Colonel James Hilburn, being of lawful age and duly sworn according to law, Deposeeth and saith that he has been well acquainted with Isaac Fisher for some considerable time - having lived in the same neighbourhood, and from his acquaintance with him he believes him to be a man of the strictest veracity. That he is of the age he represents, and that he has been a soldier of the Revolutionary war. —
James Hilburn

The State of Ohio Franklin County ss
I Abram M c Dowell Clerk of the Court of Common Pleas for said County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Isaac Fisher for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 16 th day of October A D 1832
Attest A b M c Dowell Clerk
15040 Bureau of Pensions 1

ADDITIONAL EVIDENCE.
FAMILY BIBLE RECORD OF MARRIAGE.
Application for _____
Act of _____
Applicant.
Affidavit _____
And _____
Case No. _____
EVIDENCE OF MARRIAGE.
DEPARTMENT RULES:
1st. Record Evidence of Marriage from Public Records, such as County, Town or Church. 2d. Transcript of Family Bible Record, duly proven and certified. 3d. Parole Testimony of Eye Witnesses. 4th. Proof of Cohabitation by two competent witnesses having knowledge of facts.
Attorney
Post Office Address:

Marriage.
We George W DeMuler and Edmond Chapman each of lawful age, and residents of the 1 County of Pike in the State of Indiana upon our oaths declare that the following is a true copy taken from the original Family Bible Record of the Family of the late Isaac Fisher deceased to-wit: 2
"FAMILY RECORD."
Isaac Fisher was married to Nancy Jones July 10 th in the year of our Lord one thousand eight hundred and thirty three. Thomas Fisher son of said Isaac Fisher and Nancy Fisher was born in the year of A.D. 1834 July the 10 th . Jane Fisher was born in the year of 1836 May the 14 th . Gennet Fisher was born in the year of 1838 January the 16 th . Isobel Fisher was born in the year of 1840 January 7 th . Peter Fisher was born in the year of 1842 April 2 1 . Floril Fisher was born in the year of 1844 April 16 th .
That the original record, of which the above is a true copy, is the genuine original Family Bible Record of the Family of the said Isaac Fisher deceased, and that said record is correct and reliable, and so held and esteemed, and is worthy of full faith and credit. That the said Isaac Fisher is now dead, his demise having occurred in the 1 County of Pike in the State of Indiana on or about the year day of A. D. 1846 That we know of said death by general repute and the circumstances surrounding the family, with whom we are intimately well acquainted. That we have no interest whatsoever in making this affidavit.
Two Witnesses.
Geo W DeMuler Edmond Chapman
Sworn to and subscribed before me, on this 13 th day of December in the year 1844, and I hereby certify that I know the affiants to be credible persons, and that they reside as stated in the foregoing affidavit, which was read over to them before they signed the same. I further certify that I have compared the copy above made and contained in the foregoing affidavit with the original Family Bible Record of the family of the late Isaac Fisher deceased, and have found said copy to be a true and correct transcript, verbatim et literatim of said original Family Bible Record, and do declare that the same is worthy of full faith and credit. That I have no interest in this matter whatsoever, either directly or indirectly, so help me God.
J. M. H. Hammond
Justice of the Peace Pike County; and State of Indiana

The United States of America
The State of Indiana
The County of Pike Set
I Albert H. Logan Clerk of The Circuit Court in and for said County hereby Certify that William M Hammond Esqr whose genuine Signature appears to the
foregoing Certificates was, at the date of each, an acting justice of the peace in and for said County duly Commissioned and qualified
before me on the day I know the affida- son represents it
Put Seal on this place
I further Certify that the foregoing
Statements and the reputation of this case are Satisfactory evidence to me that Isaac Fisher a Revolutionary Pensioner of United States under Act June 7 th 1832 resident of Pike County Indiana formerly of Franklin County Ohio departed this life in Pike County Indiana nearly or about twenty years ago leaving Mrs Fanny Fisher his widow which she remained until on the 4 th day of September 1874 (Eighteen Hundred and fifty four) when she was married in this County to Joseph Chance who died in this County in month of June 1863 (Eighteen Hundred and sixty three) leaving her again a widow which she yet remains - This certificate

for the County and State aforesaid, do hereby certify, that Esq., before me the foregoing affidavit was made, and

5
15.046
Isaac Fisher
Ohio
Adm 6 months
Return of
Hon.
J. W. Lane
at Lodge Ho. words
Ho of Rep
10
James Calberson
Columbus
Ohio

WAR DEPARTMENT,
Pension Office,
16 th August 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Isaac Fisher
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Amst 1780 6 priv Capt. Meade Col. Shreve 44 years Berger N.Y. A.T. Traditionary  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seat and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the hours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

September 17, 1936
aw Isaac Fisher-W.10598 BA-J/AWF
Miss Jessie Fisher 69 Orchard Lane Columbus, Ohio
Dear Madam:
Reference is made to your letter in which you request information in regard to Isaac Fisher, who served in the Revolutionary War from New Jersey and later lived in Ohio.
The data furnished herein were obtained from papers on file in pension claim, W. 10598, based upon the service of Isaac Fisher in the Revolutionary War.
Isaac Fisher was born December 28, 1766 in Bergen County, New Jersey. The names of his parents were not given.
While a resident of Pompton, New Jersey, Isaac Fisher enlisted sometime in June, 1780 and served six months as private in Captain Giles Mead's company, and in Colonel Shreve's New Jersey regiment, was in frequent skirmishes.
He moved from New Jersey in 1806 to Sharon Township, Franklin County, Ohio. He was allowed pension on his application executed, September 2, 1832, then a resident of Sharon Township.
Isaac Fisher married July 10, 1833 in Franklin County, Ohio, Fanny Jones; they were married by Josiah Fisher, a "Minister of the Gospel"; it is not stated that he was related to Isaac Fisher. On October 3, 1840 the postoffice address of Isaac Fisher was, Winslow, Pike

County, Indiana.
The soldier, Isaac Fisher, died December 31, 1844 in Pike County, Indiana. The widow, Fanny Fisher, married, September 4, 1854 in Pike County, Indiana, Joseph Chance, who died in Pike County, June 17, 1863.
The widow, Fanny Chance, was allowed pension on account of the service of her husband, Isaac Fisher, on her application executed, December 13, 1864, then aged fifty-eight years and living in Pike County, Indiana; her postoffice address was then Winslow, Indiana.
The children of Isaac Fisher and his wife, Fanny-
Thomas H. born July 10, 1834 Jane " May 14, 1836 Gennet " January 16, 1838 Isebel " January 7, 1840 Peter " April 2, 1842 Flavil " April 16, 1844.
The widow, Fanny Chance, died September 22 or 23, 1887.
The postoffice address of the son, Thomas H. Fisher, was in 1896, Ayrshire, Indiana.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

United States of America State of Indiana
Pike County Set.
I Fanny Chance of said County aged 58 years State on my oath that I was formerly wife and widow of Isaac Fisher of this County formerly of Franklin County Ohio and who in his lifetime and at time of his death was a Revolutionary Pensioner of United States on Ohio Agency at under Act June 7 th 1832.
I was married to said Isaac Fisher in Franklin County Ohio by Josiah Fisher a preacher in name of Fanny Jones on 10 th day of July 1833.
My said former husband died in this County in month of _____ in year 1848 leaving me his widow which I remained for some years when in this County I was married to Joseph Chance who died in this County in month June 1863 leaving me again a widow which I have ever since been Of even date herewith I make an application for pension under Act February 3 rd 1853 through Agency of C. H. Barkly Louisville Kentucky and I refer to my statements and proofs filed therein and refer generally I make this Declaration for the purpose of claiming the benefit of Bounty, Land Act of March 3 rd 1855 through agency aforesaid
I have never heretofore applied for or received the benefit of this or any other Bounty Land Act of Congress and neither did my said former husband that I ever heard of

I State further on my oath that I have not been engaged in or in any way aided or abetted the existing rebellion in the United States
My Post office Address is Winslow Pike County Indiana
This 13 th day of December 1864
Attest Two Witnesses
Geo W Darden L. C. Edmund Chapman
Fanny her Chance mark
Pike County Indiana Aforesaid Set
We the undersigned of lawful age of said County resident on our oaths say that Mrs Fanny Chance of this County did on this day in our presence sign and acknowledge the above declaration. And for our reasons set forth of even date herewith in her application for Pension under Act February 3 rd 1853 we certify that she is the identical person whom she therein represents herself to be and that she is now a widow And we are disinterested
This 13 th day of December 1864
George W Darden L Edmund Chapman L

Mrs Fanny Chance Formerly widow of Isaac Fisher Bounty Land Claim Act March 3 rd 1855
Revolutionary
1841
1845
1846
Thos E Lloyd Washington D.C.
B. S. C. P. W. when pen is Gravels. B. Sept. 5 th 66.

Pike County Indiana Aforesaid Set
The foregoing statements were on this day subscribed and sworn to before me a justice of the peace in and for said (Bruit) by the respective parties thereto all of whom are well known to me as credible persons of said County resident - I certify that the claimant is the identical person whom she therein represents herself to be and that she is now a widow - I further certify that these statements were carefully and correctly read over to and fully understood by them before signing - I believe the witnesses to be and certify that I am disinterested.
This 13th day of December 1864
Wm M Hammond JP Seal
State of Indiana County of Pike SS.
I, Albert H. Logan Clerk of the Circuit Court within and for the County and State aforesaid, do hereby certify, that William M. Hammond Esq. before whom, the foregoing Declaration and joint affidavit were made, and who has therunto signed his name, was at the time of so doing Justice of the peace in and for the County and State above named, duly elected, qualified, and sworn; that all his official acts as such are entitled to full faith and credit, and that his said signature as it above appears is genuine.
GIVEN under my hand and seal of Said Circuit Court at Office in Petersburg on this 23rd day of December A. D. 1864
Albert H. Logan Clerk of Pike County Indiana Circuit Court
Remarks. - In case the Deputy authenticates the Clerk's certificate, evidence may be required to show that the Deputy is duly appointed and authorized by law to sign the Clerk's name and use the seal of the Court. Therefore it is better to have the Clerk's own individual authentication at once, and thus save the trouble and expense of a general authentication certificate respecting the Deputy, which might be required if the papers were authenticated by him instead of the Clerk himself.

W. H. Hamilton Pringle and Co. Albany Classified

Probate Judges Office Franklin County Ohio Columbus O May 2 nd 1864
W H Barkley Esq Louisville Ky
Dear Sir
I have searched the Records of this Office over carefully and can find nothing in Relation to the marriage of Isaac Fisher and Fanny Jones. I have examined from 1830. to 1831. you say about 1833.
Yours Truly John M. Rugh Probate Judge

10. 11. 1851. That on the 11th day of Sept. 1851. The following names were joined together in Holy Matrimony by me, a Minister of the Gospel.
MARRIAGE LICENSE.
INDIANA, TO-WIT: PIKE COUNTY, SS:
TO ALL WHO SHALL SEE THESE PRESENTS,---GREETING:
Know Ye, That any person empowered by law to solemnize marriages, is hereby authorized to join together as HUSBAND AND WIFE,
_____ and _____, and for so doing, this shall be his sufficient authority.
In Testimony Whereof, I, _____ Clerk of the Pike Circuit Court, hereunto subscribe my name, and affix the Seal of said Court, at Petersburg, this _____ day of _____, 1851.
_____ Clerk.
SOLD BY SHEETS & BRADEN, Indianapolis, Ind.
It is hereby certified that on the 11th day of September, 1851, the following names were joined together in Holy Matrimony by me, a Minister of the Gospel.
CERTIFICATE OF MARRIAGE
INDIANA, TO-WIT: PIKE COUNTY.
This Certifies, That I joined in marriage, as HUSBAND AND WIFE,
_____ and _____ on the 11th day of September, 1851.
_____ Minister of the Gospel.
The above Certificate must be returned to the Clerk's Office within ninety days, with the blanks filled with the names and dates, and signed by the person solemnizing the marriage.

State of Indiana Fifth Circuit
I, Alfred B. Fagan, Clerk of the Fifth Circuit Court in the and for said Circuit. Do hereby certify that the within & foregoing Certificate of Appointment is a true & complete copy of the same as appearing of record in my office.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court at Indianapolis, the 22nd day of June, 1884.
Alfred B. Fagan Clerk

The United States of America
The State of Indiana Pike County Set
I Fanny Chance of said County aged 58 years State on my oath that I was formerly wife and widow of Isaac Fisher who in his lifetime was a Revolutionary Pensioner of United States under Act June 7 th 1862 on Ohio Agency at rate of $20 a year probably afterwards increased before he died. — My said former husband died in Pike County Indiana about 18 or 19 years ago in mouth of December and after he died I received through assistance of George Deen now deceased the arrears of his pension — And I refer generally
I remained widow of said Isaac Fisher until on the 4 th day of September 1854 (Eighteen Hundred and fifty four) when in this County I was married to Joseph Chance who died in this County on the                     day of June 1863 (Eighteen Hundred and Sixty three) leaving me again a widow and since then I have never married again but remain a widow
I was married to said Isaac Fisher in Franklin County Ohio on the 10 th day of July 1833 (Eighteen Hundred and thirty three) by Josiah Fisher a Minister of the Gospel and my name before I was so married was Fanny Jones and I am credibly informed that there is no public

Pike County Indiana, Aforesaid Set
Affidavit of William Chapman aged 58 years and of William Fisher George H. Fisher aged 47 years both of said County resident
We the undersigned of above named and described on our oaths say that we were well and intimately acquainted with Isaac Fisher a Revolutionary Pensioner of United States who lived and died in this County and who was formerly resident of Franklin County Ohio. We were also well and intimately acquainted with his wife Mrs Fanny Fisher and during the lifetime of said Isaac Fisher and up to the time of his death they lived together as husband and wife and were reputed so to be among their neighbors and acquaintances, and according to what we have always heard and believed and never heard disputed the said parties were lawfully married in Ohio about 30 years ago and the name of said Fanny before they were so married was Fanny Jones. The said Isaac Fisher died in this County nearly or about 19 years ago leaving said Fanny Fisher his widow which she remained for several years viz until in this County she was married to Joseph Chance and he the said Joseph Chance died in this County in month of June 1863 (Eighteen Hundred and Sixty three) leaving said Fanny again a widow which she yet remains. She now lives in this County and did on this day in our presence sign and acknowledge the above declaration. And for our reasons herein above stated we certify that she is the identical person whom she therein represents herself to be and that she is now a widow and has been ever since the death

1865
record of our said marriage —
I have no record or written evidence of the date of death of Joseph Chance my last husband William Powers of this County made his coffin and his statement of date is the best that I can furnish — The date of his death was near end of the month of June (Eighteen Hundred and sixty three and if its exact date cannot be ascertained I am willing that it shall be counted on last day thereof
I make this declaration for the purpose of applying for benefit of Act February 3 rd 1853 and I hereby with full power of substitution irrevocable by me appoint in this behalf Col. Barkley of Louisville Kentucky or Thomas E Lloyd of Washington D.C.
I State further on my oath that I have not been engaged in or in any way aided or abetted the existing rebellion in the United States
My Post Office address is Winslow Pike County Indiana
Three wavy lines drawn across the page.
This 13 th day of December 1864
Attest Two Witnesses
George W. Simmons Solomon Chapman
Fanny her Chance mark
[Faint handwritten text at the bottom left, possibly a note or additional signature]

Pike County Indiana Set
I William Powers of said County resident State on my oath that in month of June 1863 (Eighteen Hundred and sixty three) I made coffin for burial of Joseph Chance late of this County. — I Kept no record of the date of this transaction but I very well know and remember that it was in the month of June 1863 (Eighteen Hundred and sixty three) as above stated. And I am disinterested in result of Pension claim of his widow Fanny Chance as former widow of Isaac Fisher Deceased,
This 15 th day of December 1864 William Powers, 2
Pike County Indiana Set
Sworn to and Subscribed on this day before me a justice of the peace in and for said County Nitrup is well known to me as a credible person of said County resident. I believe him to be and certify that I am disinterested — I further certify that this statement was carefully and correctly read over to and fully understood by him before signing
This 15 th day of December 1864
J. M. H. Hammond J.P.D.C.

of Joseph Chance her last husband above named And we are disinterested Witnesse: This 13 th day of December 1864
Set the person herein called
> Geo M c DeBuller L > Edmund Chapman L
Pike County Indiana Aforesaid Set
The foregoing Statements were on this day subscribed and sworn to before me a justice of the peace in and for said County by the respective parties thereto, all of whom are well known to me as credible persons of said County resident and whom I believe to be of respective ages named therein Claimant is the identical person whom she therein represents herself to be and she is now a widow and has been ever since the death of said Joseph Chance I further certify that these statements were carefully and correctly read over to and fully understood by them respectively before signing - I believe the witnesses to be and certify that I am disinterested -
This 13 th day of December 1864
____ Jno M. Hammond Bead JPPC.
I further certify that on account of bodily infirmity the said Fanny Chance is not able to go to Petersburg our County Seat - a distance of 21 miles from her residence - This 13 th day of December 1864
____ Jno M. Hammond Bead JPPC.

Rev. War Section
mmh
June 19, 1937.
Mr. Charles C. Fisher
Bennett Building
Marion, Ohio.
Sir:
In response to your letter received April 28, 1937, I have to advise you that in the Revolutionary  Revolutionary War pen- sion claim W. 10598, it appears that Isaac Fisher died December 31, 1844 in Pike County, Indiana; the place of his burial is not stated.
It is but seldom that the places of burial of Rev- olutionary War pensioners are on record in their claims.
Very respectfully,
Commissioner.

Aug 896 in full paid per can be in Thos H Fish which Cypshire Ind LWB
Apr. 19. 1897. History to Mr. Thomas H. Fisher, Cypshire Ind.
1923-June-19-Letter to Mr. R.C. Fisher Place of burial not stated stated - MNHS 1936-Sept-17 list to Mrs. Jessie Fisher
Mar. 24. 92 " " 29 " " 30 " " 31 " " 1 " " 2 " " 3 " " 4 " " 5 " " 6 " " 7 " " 8 " " 9 " " 10 " " 11 " " 12 " " 13 " " 14 " " 15 " " 16 " " 17 " " 18 " " 19 " " 20 " " 21 " " 22 " " 23 " " 24 " " 25 " " 26 " " 27 " " 28 " " 29 " " 30 " " 31
Rey WIDOW, &c.
File No. 10598
Fanny Chaney  for - by wife  Isaac Fisher  minutes from war
Act: Feb. 3 1853 July 27 1858
Index: Vol. A , Page 129
[Arrangement of 1870.]
Feb. 14/90 Downey that no area is allowed.
8286 7.00 May 29 90 paid July 11 90 above returned by P.A. sent to Leyton Interior for reg Mar 12/92 - Appeal to Chief Law Div. W

105573
5
160 ay ...
_____

Pension Claim, Act of 1853.
Mrs Fanny Chance, formerly widow of Isaac Fisher,
Revolutionary Pensioner.
Cryptor
Thomas C. Lays Attorney, Washington, D. C.

Pen: Appl. & B. Sr. Embodies in One,
Bluffton.

See papers in Prussian Case Oct 53. Indiana roll.
Myrtle ,

O. W. & N. DIV MAR 4 1893 Law Division, Sec. A. CHIEF DESK.
APPEAL CASE.
Department of the Interior,
BUREAU OF PENSIONS,
March 29, 1893
Chief of Old War Division:
The papers of this claim are respectfully returned to you with attention called to the accompanying decision of the Hon. Secretary of the Interior.
M. B. Bailey
Chief Law Division.

S. R. DOWNEY, ATTORNEY. WASHINGTON, D. C. (3-169.)
Bureau of Pensions. O. W. and N. Div. L. & W., Ex't.
File Application No. 10.
Certificate No. 7,259 Rev. Widow.
NAME OF SOLDIER,
Isaac Fisher,
Co. N. J. Mil. Reg't
Fanny chance
INFORMATION DESIRED.
Has any action been taken in this case, which was decided by you February 14, 1890, and appealed by me February 17, 1890?
Respectfully,
S. R. Downey,
January 20, 1892.

JGR
Chief of Old War Division.
The papers of this claim are respectfully returned to you, with attention called to the accompanying decision of the Hon. Secretary of the Interior.
M. B. Bailey Chief Law Division.

41 351
Dep't of the Interior.
188
Respectfully referred to the Com'r of Pensions.
Lynne Bussey.
ASST. SECRETARY
Isaac Fisher
Please place the accompanying appeal with those filed July 1890.
Second appeal referred Mar 2 1892

aprsms
Indiana,
July 28. 1896.
Isaac Fisher. Moved from Franklin Co. State of Ohio, to, Winshaw Pike Co. State of Indiana, in the year 1841.
This Best of our Knowledge is as required Isaac Fisher. Was born in 1753.
OLD WAR & NAVY AUG 4 1896 FILE
Yours Truly Thomas H Fisher. Pike Co. Indiana.

No.
Fanny Chance, for Wis. Isaac Fisher, Rev.
Act 53. 2 d Sec: Ind;
Set: Th. E. Stoyr. Janys 20 th 65. " " " " Dec. 2 d " 3 d Awd: Sept: 5 th 86.
W. H. H.

7339
Indiana Ind Fanny Chance for widow of Isaac Fisher who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 20 dollars — — cents per annum, to commence the 3d February, 1853. 17 th June 1863
Certificate of Pension issued 2 nd day of October 1866 and sent to Tho O Sloya Present
Recorded on Roll of Pensioners under act February 3, 1853, Page 224 Vol. II sent
Mar 16, 93 gave to see " 28 " former decisi- on adhered to Mar 29, 93 atty informed

Department of of The Interior Bureau Of Pensions Washington, D.C.

Byrshire,
Indiana.
March 9 th . 1897.
Department of The Interior
There is a mistake Asa P. Fisher was not in the war of 1812. He was in the war of 1775- to 1783., this was the A Revolutionary war, served. under capt Giles Meade and Col. Shreve, look up the records of war 1775-1783.
He I enlisted in the state of Penn. James Thomas H Fisher

4 351
12770
Appeal received Feb 29, 1892.
Dated, MAR 4. 1892
J. R. Downey, City
From
SUBJECT:
Appeal in the pension claim No. 10,598 (O.W.). Fanny Chance, wid of Isaac Fisher.
[OVER.]
Docket No. 12770, 189
Department of the Interior,
, 189
Respectfully referred to the Commissioner of Pensions for report.
Assistant Secretary.
Report received , 189 and filed herewith.
FINAL ACTION.
MAR 29 1892

9
MAR 5 1892
Dated March 1 st , 1892 From Law Division
SUBJECT:
Respectfully referred to the O.W. & K. Division. Please examine the papers referred to and if an appeal is on file as stated, please forward same to this division in request of the Hon. Asst. Secretary. M. B. Bailey Law Clerk
LAW DIVISION MAR 10 1892 RECEIVED
[OVER.]
I.B.
(1-470.)
Department of the Interior,
Feb 26, 1892.
Respectfully referred to the Commission of Pensions with the request that the papers in the case of the widow of Isaac Fisher be examined for the purpose of ascertaining whether an appeal, claimed to have been filed by J. R. Downey, Feb'y 17. 1890, is among the same.
Cyrus Bussey.
Assistant Secy.
2/2/92.
1388 b-2 m

No.
4 351
Motion for Re-consideration of a Former Departmental Decision.
Received
April 11, 1892
From
S. R. Downey City
PENSION CLAIM.
No. 10,598
Fanny Chase widow of Thomas Fisher (born in 1810) Revolutionary War
No.
Motion for Re-consideration of a Former Departmental Decision.
Department of the Interior,
APR 13 1892 , 18
Respectfully referred to the Commissioner of Pensions for papers in the case.
L. B. Bussey Assistant Secretary
Docket No. 12770 , 1892
Decision affirmed March 29, 1892
Letter Book , Page
Initials,
ACTION. A.T.R.
March 28, 1893
Motion for re-consideration Denied.

I Isaac Fisher of the County of Franklin in the State of Ohio in addition to my former declaration made before the Court of Com. Pleas of said County on the 25 th day of September A D 1832 for the purpose of obtaining a pension as a Soldier of the Revolution - and which declaration has been sent to the proper department at Washington and since returned as defective - do on the 25 th day of July A D 1833 again appear in open Court before said Court and on solemn oath state that it is utterly out of my  his power to procure any living witness who can testify as to my actual services in the Revolution nor have I now in my possession any documents of evidence of the same - And I hereby swear and subscribe to, the whole of the above former declaration, and I also to the above additional part of said declaration -
Isaac Fisher
And the said Court of Com. Pleas do hereby declare their opinion that the above named applicant Isaac Fisher was a soldier of the revolution and that he served as he states in his declaration - And order this their opinion to be certified to the war department -

The State of Ohio Franklin County ss I Abram M Dowell Clerk of the Court of Common Pleas for said County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Isaac Fisher for a pension In testimony whereof I have hereunto set my hand and seal of office this 16 th day of July A D 1838
AB M DOWELL CLERK

Court of Common Pleas for Franklin County - Feb. Term AD 1834
This is to certify that the Witnesses in the case of the application of Isaac Fisher a revolutionary soldier - for a pension - are substantial credible witnesses, the first of whom is a respectable minister of the Gospel - and the second has formerly been a member of Congress — And order their opinion to be certified to the War Department. —
The State of Ohio Franklin County ss
I Abram J McDowell clerk of the Court of Common Pleas for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Isaac Fisher for a pension and that I have with my own hand connected by a piece of tape all the papers relating to the proceedings aforesaid
In testimony whereof I have hereunto set my hand and seal of office this 20. day of February 1834
A J McDowell clerk by R H Pinney D. C.

O. W. & N. Div. J.G.W.
M.P.W.
L. C. W. Ex'r.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
Rev. War Wid.Cert.#7,259.
File #10.
WASHINGTON, D. C. February 14, 1890.
Isaac Fisher, N.J.Mil.
8
8
Sir:
The records show that Isaac Fisher was allowed a pension in 1834, from March 4, 1831, and his widow Sally  Fanny Fisher drew the arrears due at Fisher's death in 1844; Sally  Fanny Chance was allowed a pension commencing June 17, 1863, the date her second husband died, and the same has been paid to September 4, 1887.
Under the provisions of Section 5596, Revised Statutes, Section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and therefore that Section as amended by the act of March 1st. 1889, is now the only law providing for the payment of accrued pension.
The soldier and his widow were allowed all the pension to which they were entitled by law, and there is no law under which any arrears of pension can be granted in this case.
Very respectfully,
John B. Rasm Commissioner.
S. R. Downey, Esq.
Room 42, Atlantic Building,
Washington, D. C.
8
REC. ATT. 4 1237
Ans'd 17 Feb. Abraham
8

His idea is that by re-enacting and reprinting sec. 25 as sec 4718, (not as new law, but as "existing law" when Congress met) all previous acts disappeared, and that an act appropriating money and directing its disbursement amended  that  one  only  provision . I am ready to have you formally deny this "somewhat incoherent" motion and affirm that construction. Following your marginal-note theory, you might examine the title of the amending act , as promulgated by you, on page 82: "Laws" etc. " An Act relating to the payment" etc. Does it refer to the act amended? Does the text? Who devised that title?
Next in order, we are asked to → "See sec. 10, 4 July 1864." (Page 7a) Perhaps that, too, was absorbed, amended, or repealed, by sec. 4718 and sec. 5596.
Respectfully, S. R. Downey.
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
APR 1 1892
REC. APR 4 1892

Memorandum.
The Secretary is asked to decide that section 4718 of Revised Statutes relates to " male pensioners " and " male persons " only and that the act of June 19, 1840, is in full force and unrepealed.
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
Mar 29-92
12710 DEPARTMENT RECEIVED. FOR THE S. PR 4 22

Docket No. 12,770. Pension claim no. 10,598.
Fanny chance, deceased,
widow of Isaac Thomas Fisher, Revolutionary War.
Thomas H. Fisher, claimant.
Motion for a reconsideration.
(-)
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
Dated SEC. APR 1 1892
REC. APR 4 1892

Declaration for Increase of Pension.
Fanny Chance Postoffice Address, Winslow, Indiana.
Filed by George Bee Attorney. Winslow Indiana.
ROBERT CLARKE & CO. Law Publishers, Booksellers & Stationers, 65 WEST FOURTH STREET, CINCINNATI, O.

Declaration for Increase of Pension.
[UNDER SECTION 13, ACT OF JULY 27, 1868.]
State of Indiana } ss. County of Pike }
On this 7 th day of November , A. D. one thousand eight hundred and Sixty Eight personally appeared before me, J. P. Glezen , Clerk of the Circuit Court, within and for the County and State aforesaid, Fanny Chance aged Fifty Nine years, a resident of _____ in the County of Pike and State of Indiana , who, being duly sworn according to law, declares that she is the identical Fanny Chance to whom was granted Pension Certificate No. 7239 , payable at Indianapolis, Indiana at the rate of Twenty dollars per annum , dollars per month , issued under the act of February 3 , 1855; that she makes this declaration in order to secure the increase of her pension to which she is entitled under the thirteenth section of the act of July 27, 1868.
Her post office address is as follows: Winslow Indiana .
I further desire all Certificates and Communications regarding this application for arrears, to be forwarded to George Bee , of Winslow Indiana , who is authorized to receive same for me.
Witnesses { Levi Ferguson  George Whitman } Fanny her X  Chance mark Signature of Claimant.
Also personally appeared Levi Ferguson and George Whitman , residents of the _____, County of Pike , and State of Indiana persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw Fanny Chance make her mark name to the foregoing declaration; and they further swear that they have every reason to believe, from the appearance of the applicant and their acquaintance with her, that she is the identical person she represents herself to be; and they further state that they have no interest in the prosecution of this claim.
Witnesses { Levi Ferguson  George Whitman
Sworn to and subscribed before me this 7 th day of November , A. D. 1868; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim, and that same was read and explained by me before signing of same or before making mark.
J. P. Glezen Clerk  Pike Circuit Court

Revolutionary claim for Pension
Respectful evidence
Fanny Chance " former owner Deane Fisher
Authenticated by [unclear] to [unclear]
Charles Lloyd City Aug 31 18 [unclear] Present

United States of America
Pike County Indiana Set
I Fanny Chance widow of Joseph Chance - formerly wife and widow of Isaac Fisher, and as such an applicant for Pension and Bounty Land - Revolutionary being now called on to produce my Family Record of my marriage to said Isaac Fisher and of ages of our children etc - which was produced, and identified and copied as part of my application in month of December 1864. Say that the said Record has in some way got mislaid and after due and diligent search and enquiry I am unable to find it or get any definite information as to where it is -
This 11 th day of June 1866
Attest Two Witnesses Viz James E. S. Roland } Fanny X her Chance John Phipps } mark
Pike County Indiana Set
Sworn to and subscribed on this day before me a Justice of the peace in and for said County. Affiant is the identical person whom she therein represents herself to be. Scertify that this statement was carefully and correctly read over to and fully understood by her before signing. And I am disinterested. This day of 1866
Wm. M. Hammond JPD

June 18th 1840
The Estate of Joseph Lhamee, Decd Due to one coffin & trimmings. $3.00

Received of Samuel Wharton the within account in full This 10th day of March 1864. William Bowers
Wm H Sumner and Wm Bowers CASH RECEIVED

(copy)
///
June 18 th 1863
The estate of Joseph Chance De d , Dr to one Coffin & Trimmings $3.00 ,,
(copy)
||
Received of Samuel Chance the within account in full this 10 th day of March 1864 William Powers ,,
United States of America Pike County Indiana I Samuel Chance state as a supplement to my affidavit of even date herewith concerning death of Joseph Chance etc the annexed above copied account I duly paid off getting receipt therefor on the 10 th day of March 1864 (Eighteen Hundred and sixty four) and that the receipt hereto annexed and herein above copied is original and genuine and properly dated as afore- = Said
This 20 th day of June 1866 ————— Joseph Chance L
over for Magistrate's certificate
Got this duplicate from Samuel Chance at Sam the other

Pike County Indiana aforesaid Sit Sworn to and subscribed on this day before me - And I certify that this Statement was carefully and correctly read over to and fully understood by him before signing This 20 th day of June 1866
W.B. _____ Wm W. Hammond J.P. (Seal)

Got this from Powers
United States of America Pike County Indiana Set I William Powers of lawful age of said County resident referring to the foregoing annexed receipt say on my oath that the same is ancient, original and genuine and is in my handwriting and was by me actually delivered at the date therein named and that I did actually furnish on the 18 th day of June 1863 (Eighteen Hundred and sixty three) a coffin for the burial of Joseph Chance then just deceased and of this County resident -
And I am disinterested herein This 20 th day of June 1866 William Powers L
Pike County Indiana aforesaid Set Sworn to and subscribed on this day before me a justice of the peace in and for said County - Witness is well known to me as a credible person of said County resident - I further certify that this statement was carefully and correctly read over to and fully understood by him before signing I believe him to be and certify that I am disinterested.
This 20 th day of June 1866
J. M. Hammond J.P.D.

M m Hammond Winslow Ind C o H th Ark s , Louis ville Ky

United States of America Pike County Indiana Set
I Thomas Ferguson of said County aged 42 years say on my oath that in month of June 1863 (Eighteen Hundred and sixty three) I was engaged in Merchandizing in this County, and I remember very distinctly that in said month I sold the Shroudings for the burial of Joseph Chance - I remember the year and month very well but cannot fix the day of the month for the reason that I was selling as a rule for cash - and although a little balance was unpaid on it, yet I did not charge it on a permanent book but kept it on a slip of paper and when paid destroyed it - or otherwise disposed of it
And I certify that I am disinterested in result of the claims of Fanny Chance his widow as former wife and widow of Isaac Fisher.
This first day of August 1866
JB _____ Thomas Ferguson
Pike County Indiana aforesaid set
Sworn to and subscribed on this day before me a justice of the peace in and for said County. Witness is the identical person whom he therein represents himself to be and he is a credible person, of the of Warren County resident and well known to me - I further certify that this statement was carefully and correctly read over to and fully understood by him before signing - I believe him to be, and certify that I am disinterested.
This first day of August 1866 John M. Hammond JP Seal
JB _____
Offer for Deposition of John Chance

Sam Chance in this shape United States of America Pike County Indiana Set I Samuel Chance of said County aged 40 years State that the above named Joseph Chance was my brother  misfortune cousin
I remember very distinctly that he died on the 17 th day of June 1863 (Eighteen Hundred and sixty three) and besides my clear distinct memory thereof I have a family record of it made by me at (or near) the date of his death, and which I now have before me and which is in the handwriting of Mary Chance my daughter and of which this is a true copy viz "Joseph Chance died June the 17 1863" And I further state that I bought the Shroud for his burial at the store of Thomas Ferguson in this County on the 18 th June 1863 And I certify that I am disinterested herein
This 20 th day of June 1866
Samuel Chance
L
Pike County Indiana aforesaid Set
Sworn to and subscribed on this day before me a justice of the peace in and for said County Witness is well known to me as being a credible person of said County resident I believe him to be and certify that I am disinterested herein
Jno M. Hammond Esq.

I further certify that this statement was carefully and correctly read over to and fully understood by him before signing -
I further certify that I have carefully examined his above described record of the death of Joseph Chance and believe it from its appearance to be ancient, original and genuine and certify that it is correctly copied above
I further certify that this said witness did bear to said Joseph Chance the relationship above stated
This 20 th day of June 1866
Wm. M. Hammond Jr. D

Wm Hammond Winshoe Ind C H Barkley Louisville Ky
United States of America
State of Indiana
County of Pike Set
I Joseph P. Henson, Clerk of the Circuit Court in and for said County hereby certify that William M Hammond Esq whose genuine signature appears to the foregoing certificate was at the date of each an acting justice of the peace in and for said County duly Commissioned and qualified
I further certify that I am acquainted with the Reputation of the above named affiants and they are credible persons and that these foregoing statements and the reputation of this case are satisfactory evidence to me that said Harry Chance is the identical per

son whom she therein represents herself to be the wife of the above named Isaac Fisher and as being now a widow and that she has been a widow ever since June 18 th 1863 (Eighteen Hundred and sixty three) And I am disinterested
Witness my name and official seal at my office in Petersburg on this 25 th day of August 1866
Joseph P. Hezen Clerk Pike Circuit Court
Scattered ink marks and scribbles across the bottom half of the page.

Nov 2. 1844 New River Winslow Ind Oct 24/40 J. G. Edwards Esq. Commissioner of Pensions The Pension Office War Department Washington

Sir
Your kind favour of the 3 rd Sept r . is duly received informing me that I am "transferred from the Roll of Ohio to that of Indiana" & that such transfer took place on the 4 th Sept r last. Will You be so obliging as inform me where the Roll is kept in this State, or, where I am to apply for my Pension Yr. obliged hble Serv t .
Isaac Fisher direct to me Winslow Pike Co o Indiana Oct. 3. 1840

Jun 15 1840
Petersburg Va June 6 th
Friend
M c Guire
Pension office War Department Washington City

Petersburgh 9 th June 3 rd 1840
I wish to receive any pension (grants to me as will appear by my certificate dated March 6 th 1834. as a Revolutionary Pension for twenty dollars per annum. Recorded in the Pension office Book C Vol 8 page 8-1 at the Indiana unit of the Ohio Agency at Cincinnati where it is now payable - having removed to Indiana please direct to the care of John McIntire Petersburgh Pike Co. Indiana
Respectfully
Isaac Fisher

O. W. and Navy Div. Rev. Widow No. 7,239.
Fanny Chance, formerly Fanny Fisher.
Claim of Thomas H. Fisher for arrears and accrued pension, as son.
Letter of S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
42 Atlantic Bldg.
Citations:
Act of 2 March 1829. Act of 19 June, 1840. R. S. sec 4718. Act 1 March 1889, making appropriations for year beginning 1 July 1889 and not before.

Rev. wid. No. 7239. } Fanny chance } Thomas Fisher }
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
February 7, 1890.
The Commissioner of Pensions, Washington, D. C.
Sir:
The claim in this case is not now made for " reimbursement ." I ask the commissioner to allow and pay the fragment of pension to Thomas Fisher, son of Fanny chance who was Fanny Fisher, as her child . To do this, he must decide whether he will recognize the law of June 19, 1840, as surviving the codification of June 22, 1874; or whether it was merged into sec. 4718; or whether section 4718 contains all the provisions for disposing of accrued pension; and where the accrued pension is declared to " inure " to the benefit of minor children only .
Respectfully,
S. R. Downey,

ea Law Division.
L.I.W.
DEPARTMENT OF THE INTERIOR,
e. BUREAU OF PENSIONS,
WASHINGTON, D. C., March 16, 1893.
Motion for reconsideration in the claim of
Fanny Chance, deceased, widow of                      Dept. Docket 12,770.
Thomas Fisher,
Revolutionary War.
No. 10598.
4/351.
Sir:
In response to the call of April 13, 1892, I have the honor to transmit herewith for your information the papers in the above cited claim, under the motion now pending for a reconsideration of the adverse decision of the Department of March 29, 1892, wherein the action of this Bureau was affirmed on a former appeal.
Very respectfully,
Commissioner of Pensions.
The Honorable
The Secretary of the Interior.

N. R.
DEPARTMENT OF THE INTERIOR,
WASHINGTON.
MAR 29 1892
A. T. F. H. L. B. C. K. A. B. C.
Pension claim No. 10,598.
Fanny Chance, Deceased.
Widow of Thomas Fisher,
Revolutionary War.
( ) ( ) ( ) (
Docket No. 12,770.
Action affirmed.
-----oOo-----
The Commissioner of Pensions,
Sir:
I return herewith the papers in the claim of Fanny Chance, (Rev. War,) No. 10,598, examined in connection with an appeal entered by the attorney, from the action of your Bureau in denying the right to accrued pension, from the date of the last payment to the date of the death of the pensioner.
From the somewhat incoherent appeal of the attorney it appears to be in contention that Sec. 4718 R. S. and the Act of Congress approved March 1, 1889 are not the only existing laws relative to the payment of accrued pension but that laws in force prior to the Revision of 1873 may be held as applicable to the case now under consideration. The pensioner in this case died Sept. 23, 1887, leaving no minor children, and pension to her had been paid up to Sept. 4, 1887. The amount of pension which accrued from the date of last payment up to the date of death is in dispute, your

Recorded in Dec. of the Sec., Vol. 7. Page 144.
not is not set up in this case. and by way of this fact, and that were were not left by the decedent. This claim for a repur- the last sickness and burial of the testator, when any gift dis- sion might apply is that of a reimbursement for the expenses of surviving the testator, the only object to which the accrued per- Under the provisions of Sec. 4718 R. G. no minor child is not split up.

Bureau holding that the settlement of this question was governed by the provisions of Sec. 4718 R. S.
At the date of the pensioner's death in 1887 the said section of law was the only one in force which related to the payment of accrued pension. Former laws upon this subject had been repealed by the revision of the laws in 1873, and upon this question no argument is needed. The provisions of the act approved March 1, 1889, cannot be held as having a retrospective effect, and inasmuch as the pensioner died before its passage, its provisions are not applicable.
Under the provisions of Sec. 4718 R. S., no minor child surviving the pensioner, the only object to which the accrued pension might apply is that of a reimbursement for the expenses of the last sickness and burial of the pensioner, when sufficient assets were not left by the decedent. This claim for a reimbursement is not set up in this case, and in view of this fact, and that no minor child survived, there is no authority of law for the payment of the accrued pension. The action of your Bureau was proper and is affirmed, the appeal being denied.
Very respectfully,
A handwritten signature in cursive, reading "Cyrus Russel", written in dark ink.
Assistant Secretary.

O. W. N. Div.
L. G. W. Ex'r.
Rev. War No. 7259 F 10.
Isaac Fisher
Rev. War N. J. Mil.
Washington, D.C. Feb. 14 th , 1890
Return this letter with your reply.
Sir:
The records show that Isaac Fisher was allowed a pension from March 4, 1831, in 1834, and his widow Sally Fisher drew the arrears due at Fisher's death in 1844; Sally Chase was allowed a pension commencing June 17, 1863, the date her second husband died, and the same has been paid to September 4, 1887.
Under the provisions of Sec. 5596, Revised Statutes, Sec. 4718, R. S. must be regarded as repealing the act of June 19, 1840, and therefore that section of the R. S. made no provision for drawing arrears is now the only law section as amended by the act of March 18, 89 is now the only law providing for the payment of accrued pension.
The widows of soldiers and her widow were allowed pension all the to which they were entitled by law, and there is no law under which any arrears of pension can be granted in this case, and the Bureau cannot disturb the act of taking or allow arrears to the descendants of Revolutionary Soldiers.
Very respectfully
J. R. Danner Room 42 H. C. Bldg. P. O. Bldg.
Commissioner.

a
b
Law Division.
3.
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS,
H.L.S.
WASHINGTON, D. C., March 24, 1892.
  Appeal in the claim of  )      )     Fanny Chance, (deceased)  )      )     Formerly Widow of  )  Dept' l docket 12,770.     )     I S A A C F I S H E R,  )  Y - 351.     )     Private, Revolutionary War,  )      )     No. 10,598.  )   
-----
Sir:-
In response to the call of February, 1890, for a report on the appeal in the above cited pension claim, I have the honor to state as follows:
The widow died September 22, 1887, and claim was made through S.R. Downey, for accrued pension from date of the widow's last payment, September 4, 1887 to date of her death, September 22, 1887.
The attorney was advised that there was no provision for paying the accrued pension and for reimbursement for last sickness and burial expenses, except under the provisions of Section 4718, R.S., and the act of March 1, 1889.
From this action the attorney appeals.

The appeal and papers in the case are herewith submitted for your consideration.
Very respectfully,
A handwritten signature in cursive, appearing to read "John B. Mann", written in dark ink with a long, sweeping underline.
Commissioner.
To the Honorable,
The Secretary of the Interior.

O. W. and N. Div. No. 10. Rev. Wid. No. 7,239.
Fanny Chaney, formerly Fanny Fisher, dec'd.
Isaac Fisher, N. of Mile
Claim of Thomas Fisher, Esq., for accrued pension.
Letter of
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
Excepting to the decision , (that sec. 4718 is the only law providing for the payment of ac- crued pension out of the appropriation for the current year, made by the act of March 1, 1889,) and appealing therefrom.

Citations.
Act of 2 March 1829.
Act of 19 June 1840.
Act of 4 July 1864.
Act of 6 June 1866.
Act of 25 July 1866.
Act of 27 July 1868.
Act of 3 March 1873.
R. S. of U. S. sec 47 2 8, approved 22 June 1874 as of 1 Dec. 1873.
Act of 3 June 1884.
Act of 1 March 1889, making appropriations for disbursement " here- after ," namely, beginning July 1, 1889, and ending June 30, 18 90 90, neither before nor after those dates.

O. W. and N. Div.
L. b. W., Ex'r,
Rev. War. Wid. bt. 7,259.
File No. 10.
Isaac Fisher.
S. R. DOWNNEY, ATTORNEY, WASHINGTON, D. C.
February 17, 1890.
Sir:
In your communication dated February 14, 1890, you call the widow "Sally Fisher" and "Sally Chance." Her name was "Fanny." Of course, the payment of arrears to her was made by virtue of the act approved March 2, 1829, and a current year's appropriation. Were the Bureau half as liberal in its construction of the act of 1829 as in construing section 4718, it would pay the arrears of the widow's pension to the child, or children; "and, if no child or children, then to the legal representatives of the

File No. 10. } Isaac Fisher. }
2
{ Rev. War Wid. ct. 7, 259.
deceased " widow ". In code construction, the enacted rule generally is that "he" means also "she," "his" means also "her" and "him" means also "her." The act of 1829 surely was not merged into section 4718, nor repealed by it; but survives the codification, were its provisions yet needed.
You say: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section as amended by the act of March 1st, 1889, is now the only law providing for

File No. 10. } Isaac Fisher. }
3
{ Rev. Widows Wid. Ct. 7, 259.
the payment of accrued pension, I think not. You use those very provisions in executing section 4718 every time you dispose of a widow's accrued pension, as advised by the Attorney General, August 10, 1876.
I respectfully except to your deci- sion (that section 4718 , as amended by the appropriation act of March 1, 1889, is now the only law providing for the payment of accrued pension ) and appeal therefrom.
Respectfully,
S. R. Downey.
The Commissioner of Pensions, Washington, D. C.

Rev. Wid. No. 72 39. Fanny chance,
Treasury Department,
THIRD AUDITOR'S OFFICE,
Washington, D. C., 6 Feb., 1890.
W. H. Hart, Third Auditor.
SUBJECT:
claim of Thomas H. Fisher, son of Fanny chance formerly Fanny Fisher!
Filed by S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
42 Atlantic Bldg
No. of Enclosures.

 from date of last payment, Sept. 1, 1887, to date of her death, Sept. 22, 1887, viz: nineteen (19) days at $12. 00 per month, can be allowed or paid in settlement of his claim.
The records of this office do not show that "Arrears of Pension" are due the pensioner — that is a question which the Commission of Pensions has, probably, answered.
Respectfully,
W. H. Hart
W. H. Hart
Auditor

ka.f.
TREASURY DEPARTMENT, THIRD AUDITOR'S OFFICE WASHINGTON, D. C.,
Feb 6 1890
H. R. Downey Esq., Attorney, etc., Washington, D. C. }
Sir:—
The Commissioner of Pensions has referred, to this office, for settlement, the claim of Thomas Fisher, for reimbursement in case of Fanny Chance, No. 7239 (Rev. War). Such claim, as presented, being entirely informal, the claimant should present proper, formal claim in strict accordance with instructions and form enclosed.
It should be clearly understood by the claimant that no greater amount than the accrued pension, Seven dollars and sixty cents, ( \$7\frac{60}{100} ),

OWS Div. WKS Ex't. Old War No 10598 Fanny Chase Co. _____ Reg't _____ Isaac Fisher Return this letter with your reply.
Department of the Interior. BUREAU OF PENSIONS.
Washington, D.C.
Febrj 25, 1892
Sir: Copy
In reply to your communication relative to the above noted case you are informed claims for accrued pension, and for reimbursement for last sickness and burial expenses, can only be considered under section 4718 Rev. Stat. and the Act of March 1 st 1889. If you think that the Bureau is in error in the matter, you have the privilege of appealing against its action. Appeals should be made to the Hon. Secretary of the Interior, not to the Commissioner of Pensions.
Very respectfully
J. R. Downey Clerk
Commence

O. W. and N.
(1-470.)
Mo
Cert. No. 7259.
Department of the Interior,
Feb. 23, 1892
Dated February 25, 1892.
From
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
SUBJECT:
Appeal from the decision of the Commissioner of Pen- sions dated Feb. 14, 1890. Exception and appeal dated February 17, 1890.
[OVER.]
Respectfully returned to Mr. S. R. Downey City with the information that no appeal appears on file in the claim of Isaac Fisher, Fanny Chanu, widow, Thos W Fisher, son, Cert. 7259.
Lyons Bussey.
Assistant Secretary
REC. FEB 26 1892
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
1388 b-2 m

cert No. 7259. Rev. War Widow. Thomas H. Fisher, son of Fanny chance.
February 25, 1892.
The Secretary of the Interior, Sir:
Having excepted to the decision in this case two years ago, I now appeal from it.
Respectfully,
S. R. Downey,

Pension Appeals.
Letter of S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
O. W. and N. Div.
L. b. W, Ex'r.
No appeal
Rev. War wid. ber. 7, 259
File No. 10.
Isaac Fisher, N. f. Mil.
Fanny chance widow.
Thomas H. Fisher, son.
Washington, D. b,
February 20, 1892.
Sir:
Please inform me whether this case is on your docket of appeals; and, if not, why omitted, two years ago. Respectfully.
S. R. Downey
The Secretary of the Interior, Washington, D. b.
REC. FEB 25 1892
FEB 26 1892

A.B.
Handwritten initials and marks
DEPARTMENT OF THE INTERIOR,
WASHINGTON.
March 28th, 1893.
Docket No.10,598.
Claim for Accrued Pension due
Fanny Chance, deceased widow of
Isaac Fisher, a soldier of the
Revolutionary War.
Motion for reconsideration
Former decision adhered to.
-----
The Commissioner of Pensions:
Sir:
The accompanying letter from S.R.Bowney, of this city, in which he requests a reconsideration of the decision rendered March 29, 1892, in the matter of the claim of Thomas H.Fisher, for certain accrued pension due his mother at the time of her death, has been read and no reason is seen why said decision should be changed. The letter contains nothing in the way of argument which has not already been advanced by Mr. Downey in this case and in numerous other cases. The Department sustains the position of your Bureau that under the provisions of section 5596, Revised Statutes, section 4718 must be regarded as

repealing the act of June 19, 1840, and that the latter section , as modified by the general proviso attached to the appropriation Act of March 1, 1889, (which is repeated in the act of June 30, 1890) is now the only law providing for the payment of accrued pension due deceased pensioners or applicants.
Very respectfully,
Cyrus Bussey Assistant Secretary.

Pension claim No. 10,598. Docket No. 12,770. Fanny Chance, widow of Thomas Fisher, Revolutionary War. } MAR 29 1892 Thomas H. Fisher, claimant. } Action affirmed.
WASHINGTON, D. C. April 1, 1892.
The Secretary of the Interior, WASHINGTON, D. C.
Sir:
You kindly docketed this appeal March 2, 1892, and complied with my request "for a decision of the question at issue immediately after action upon all other appeals taken on the same day." Last evening, I received your decision dated March 29, 1892. This motion for a further consideration of the question may be considered now, or one year hence, as you please. It affords you an opportunity to correct an error of long standing, if you care to do so. If not, some one else may have the credit of the
REC. MAR 31 1892
Dated } REC. APR 1 1892
REC. APR 4 1892

2)
reform, which must certainly be accomplished by some one, some day.
You say: "From the somewhat incoherent appeal of the attorney it appears to be in contention" etc.
The word " incoherent " is somewhat unkind. One used to putting his own words in type, or having another do it, may sometimes put his "copy" in inconvenient form. In this instance, I think my printer could follow the copy and grasp the idea, and to that extent it is "connected," if not "consistent." I have a copy for him.
In your decision, " Minor children of Richard Martin ," 5 P. D. 268, pages 273, 274, you say: "inasmuch as section 4718 was manifestly in-
REC. APR 1 1892
REC. AFF. 4 1892

ACCRUED PENSION: WHEN PAID: TO WHOM PAID.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased.
(See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children.
(No limitation of age appears.)
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children , to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate , nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAP. 247.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two.
SEC. 10. And be it further enacted , That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen, eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act which this is amendatory.
Approved, July 4, 1864.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension ." That remains to be decided. The contrary may be easily demonstrated.
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
REC. APP. 4 1892
REC. APP. 4 1892
{ Noted } REC. APP. 1 1892

PENSION CITATIONS AND DECISIONS.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased. (See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children. (No limitation of age appears.)
CHAP. 434.—An Act to provide for the payment of volunteers and militia corps in the service of the United States. Approved, March 19, 1836.
SEC. 5. And be it further enacted , That * * * such child, or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years the half pay for the remainder of the time shall go to the child or children of said decedent: etc.
CHAP. 362.—An Act granting half pay to widows and orphans, where their husbands and fathers have died of wounds received in the military service of the United States in certain cases and for other purposes. Approved, July 4, 1836.
SEC. 1. Be it enacted, etc. , That * * * such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years the half-pay for the remainder of the time shall go to the [child or children of] said decedent: etc. (No limitation of age appears.)
SEC. 2. And be it further enacted , That if any * * * have died * * * the amount of pension which would have accrued * * * shall be paid to his widow; and, if he left no widow, to his children, in the manner prescribed in the act hereby amended.
(CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children , to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate , nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
Dated SEC. APR 1 1892
18
S. R. DOWNES ATTORNEY WASHINGTON, D. C.
REC. APP 4 1892

3)
tended to vest the title to accrued pen- sion in either the widow or the children of only the soldier himself.
→ A review of the legislation referred → to in the marginal notes to said → section makes it conclusive that → the foregoing view is consistent with → the obvious intention of Congress."
"A review of the legislation" etc. is very desirable. If the President would begin with section 471 R.S. and " review " on through so far as to include section 4720 and take care that the laws be faithfully executed ," as he said he would do, much good would result.
At page 250 of 5 P. D, Aaron , William , you commenced a "review" of the act of June 22, 1874, com- monly called "Revised Statutes" and
3)
Dated REC. APP 1-1892
REC. APP 4-1337

PENSION CITATIONS AND DECISIONS.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased. (See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children . (No limitation of age appears.)
CHAP. 434.—An Act to provide for the payment of volunteers and militia corps in the service of the United States. Approved, March 19, 1836.
SEC. 5. And be it further enacted , That * * * such child, or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years the half pay for the remainder of the time shall go to the child or children of said decedent : etc.
CHAP. 362.—An Act granting half pay to widows and orphans, where their husbands and fathers have died of wounds received in the military service of the United States in certain cases and for other purposes. Approved, July 4, 1836.
SEC. 1. Be it enacted, etc. , That * * * such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years the half-pay for the remainder of the time shall go to the [child or children of] said decedent: etc. (No limitation of age appears.)
SEC. 2. And be it further enacted , That if any * * * have died * * * the amount of pension which would have accrued * * * shall be paid to his widow; and, if he left no widow, to his children, in the manner prescribed in the act hereby amended.
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children , to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate , nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.

4) concluded that section 1657 did not absorb the act of May 23, 1836, but is limited to the text of section 4. of the act of March 19, 1836. You say: "The side note to said section, prepared by the commissioners, refers only to the act of March 19, 1836. Where other sections of the statutes embody different acts of Congress, the side notes refer to all the acts. If it had been intended that section 1657 should include the act of May 23, 1836, as well as that of March 19, 1836, the side notes would have referred also to that act."
If that rule be correct, we have indeed made a step in codifying. Try section 4732, as you print it, by that rule. What about "the war with Mexico?" Try § 4733.
FLORIDA INDIAN WAR. The volunteers or militia, who have been received into the service of the United States, to suppress Indian depredations in Florida, shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States. R. S. of U. S., sec. 1657. 19 March, 1836, c. 44, § 4, v. 5, p. 7.
REC. APP 1 1892
REC. APP 4 1892

ACCRUED PENSION: WHEN PAID: TO WHOM PAID.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted, That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased.
(See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted, That * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children.
(No limitation of age appears.)
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted, That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted, That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAP. 247.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two.
SEC. 10. And be it further enacted, That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen, eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act which this is amendatory.
Approved, July 4, 1864.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension." That remains to be decided. The contrary may be easily demonstrated.

REC. APR 1 1892
Having rescued section 1657 from its hiding place (on page 41) you could do us a good service by a "review" of sections 1639 and 1656, asking congress to provide money to carry out section 1639 and asking the President to prescribe "forms of evidence" which you, in turn, would "adopt." We could then "proceed to business." The commissioner need no longer say to me, as he did:
"Claims for pension are not adjudicated under section 1656 Revised Statutes referred to by you." Possibly, he would be empowered to "adjudicate" and our claims would be duly docketed and decided , in the clear light, as adversary proceedings .
REC. APR 1 1892

PENSION CITATIONS AND DECISIONS.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased. (See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children . (No limitation of age appears.)
CHAP. 434.—An Act to provide for the payment of volunteers and militia corps in the service of the United States. Approved, March 19, 1836.
SEC. 5. And be it further enacted , That * * * such child, or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years the half pay for the remainder of the time shall go to the child or children of said decedent : etc.
CHAP. 362.—An Act granting half pay to widows and orphans, where their husbands and fathers have died of wounds received in the military service of the United States in certain cases and for other purposes. Approved, July 4, 1836.
SEC. 1. Be it enacted, etc. , That * * * such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years the half-pay for the remainder of the time shall go to the [child or children of] said decedent: etc. (No limitation of age appears.)
SEC. 2. And be it further enacted , That if any * * * have died * * * the amount of pension which would have accrued * * * shall be paid to his widow; and, if he left no widow, to his children, in the manner prescribed in the act hereby amended.
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children , to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate , nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.

MILITIAMEN WOUNDED AND DISABLED. If any person, whether officer or soldier, belonging to the militia of any State and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense. R. S. of U. S., sec. 1639.
8 May, 1792, c. 33, s. 9, v. 1, p. 273. 23 March, 1796. 25 April, 1808, sec. 4. 10 April, 1812, sec. 3. 2 August, 1813, sec. 2. 24 April, 1816, sec. 3. 19 March, 1836, sec. 4.
WIDOWS AND CHILDREN. When any officer, non-commissioned officer, artificer, or private of the militia or volunteer corps dies in the service of the United States, or in returning to his place of residence after being mustered out of service, or at any time in consequence of wounds received in service, and leaves a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of the decedent. And the Secretary of the Interior shall adopt such forms of evidence, in applications under this section, as the President may prescribe. R. S. of U. S., sec. 1656.
19 March, 1836, c. 44, s. 5, v. 5, p. 7. 10 April, 1812, s. 2. 16 April, 1816, s. 1. 3 March, 1817, s. 1. 4 July, 1836, s. 1. 3 March, 1837, s. 1.
The Commissioner of Pensions, in his (3-001) LAWS, etc., adds this note:
"It is evident from the marginal references in the Revised Statutes opposite the preceding section, as well as from the language of the next section (1657), that section 1656 was intended to be a re-enactment of section 5, act of March 19, 1836, in which act, as shown in its sixth section, it was intended to provide only for those who served in the Florida Indian War of 1835-1842, and in which the benefits of prior laws were extended to those who so served. Section 1656 has always been regarded as being superfluous, as its provisions are fully covered by section 4732 of the Revised Statutes."
RECEIVED APR 1 1892 You conclude: "The Department therefore holds that claims on account of disability incurred in the service rendered under the act of May 23, 1836, do not come under the provisions of section 1657, but must be adjudicated according to the provisions of the act itself, which, as already indicated, provided for wounds only." Perhaps, the same for service only as for wounds .
It is a long "review" from section 1657 to reach and include sec. 4718; but some over

ACCRUED PENSION: WHEN PAID: TO WHOM PAID.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted, That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased.
(See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted, That * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children.
(No limitation of age appears.)
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted, That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted, That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAP. 247.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two.
SEC. 10. And be it further enacted, That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen, eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act which this is amendatory.
Approved, July 4, 1864.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension." That remains to be decided. The contrary may be easily demonstrated.

will take the course, and receive the diploma.
7
Reaching 4718, applying your rule, your marginal note is:
"Accrued pension; title to, vested "first in widow, second in minor "child or children."
"Sec. 25, 3 March, 1873.
→ See sec. 10, 4 July, 1864.
→ See sec. 6, 6 June, 1866.
→ See sec. 4, 25 July, 1866.
→ See sec. 9, 27 July, 1868.
→ See sec. 2, 2 March, 1829.
→ See secs. 1, 2, 3 19 June 1840.
Also, see note to each of the last two-named acts in Mayo and Moulton.
Reimbursement.
In chronological order, comes
See → Sec. 2, 2 March 1829. (over) →
Next comes
→ See secs. 1, 2, 3 19 June 1840. (over) →
That is the law which I desire executed.
7 The commissioner said this:
REC. AFR 1 1892
REC. AFR 4 1892

ACCRUED PENSION: WHEN PAID: TO WHOM PAID.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased.
(See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children.
(No limitation of age appears.)
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAP. 247.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two.
SEC. 10. And be it further enacted , That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen, eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act which this is amendatory.
Approved, July 4, 1864.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: // "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension." // That remains to be decided. The contrary may be easily demonstrated.
REC. APP. 4 185
Said in } this case. }
7a
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7a
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O. W. and N. Div.
No. 10. Isaac Fisher.
Rev. War. wid. No. 7,239.
Fanny Chance,
Fanny Fisher.
Claim of Thomas N. Fisher, her son.
Letter of
S. R. DOWNNEY, ATTORNEY, WASHINGTON, D. C.
Asking if a land warrant was is- sued to the soldier, or his widow, or if application was filed by either and, if so, by whom.

O. W. and N. Div. L. C. W., Ex'r. Rev. Wid. Et. No. 7,259. File No. 10. Isaac Fisher.
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
February 17, 1890.
Sir:
Please inform me whether or not the soldier, or his widow, received a land warrant and, if not, whether an application for the same was filed and by whom.
Respectfully,
S. R. Downey.
The Commissioner of Pensions, Washington, D. C.

Accrued Pension
No.
RECEIVED Request FOR present CONSIDERATION.
IN CLAIM FOR
accrued pension. Thomas H. Fisher, (No. 10, 598 Old War.)
RECEIVED son of Fanny Chance, widow of Reg't. Isaac Fisher. Vets.
= No. 10, 598. = O. W. and N. Div. = Mc G. Ex'r. =
FILED BY FOR THE INTERIOR RECEIVED. FEB 20 1892 S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
Appealed Feb 17, 1890.
Printed and for sale by J. F. Sheiry, Claim Blank Printer, 623 D Street, Washington, D. C.
Appealed Feb 25, 1892.
Request for immediate report, and decision.
Memorandum. —
The Secretary is asked to decide that section 718 of Revised Statutes relates to "male pen- sioners" and "male persons" only, and that the act of June 19, 1840, is in full force and unrepealed.
Cha
NOTE: This should be sworn to before a CLERK OF COURT, NOTARY PUBLIC or JUSTICE OF THE PEACE. If before a JUSTICE, or NOTARY when CLERK OF COUNTY COURT must add his certificate of character hereon, and include a separate slip of paper.
Witness my hand and seal of office, this
day of

(9)
REC. FEB 26 1892 by S. R. DOWNNEY, ATTORNEY, WASHINGTON, D. C.
Male pensioner? Male person?
REVISED STATUTES.—SEC. 4718.—If any pensioner has died, or shall hereafter die; or if any person entitled to a pension, having an application therefor pending, has died, or shall hereafter die, his widow , or if there is no widow , the child or children of such person, under the age of sixteen years , shall be entitled to receive the accrued pension to the date of the death of such person. Such accrued pension shall not be considered as a part of the assets of the estate of the deceased, nor liable to be applied to the payment of the debts of said estate in any case whatever, but shall inure to the sole and exclusive benefit of the widow or children ; and if no widow or child survive, no payment whatsoever of the accrued pension shall be made or allowed—except so much as may be necessary to reimburse the person who bore the expenses of the last sickness and burial of the decedent, in cases where he did not leave sufficient assets to meet such expenses.
And, on failure of minor children?
Extract from Chapter 332, Act of Congress approved March 1, 1889.
And provided further , That a check or checks drawn by a pension agent in payment of pension due, and mailed by him to the address of the pensioner, shall constitute payment within the meaning of section forty-seven hundred and sixty-five Revised Statutes, in the event of the death of a pensioner subsequent to the mailing and before the receipt of said check; and the amount which may have accrued on the pension of any pensioner subsequent to the last quarterly payment on account thereof and prior to the death of such pensioner, shall in the case of a husband be paid to his widow, or if there be no widow to his surviving minor children or the guardian thereof, and in the case of a widow to her minor children : ←
See "Laws etc., page 82, for title."
Provided further , That hereafter whenever a pension certificate shall have been issued and the pensioner mentioned therein dies before payment shall have been made, leaving no widow and no surviving minor children, the accrued pension due on said certificate to the date of the death of such pensioner may, in the discretion of the Secretary of the Interior, be paid to the legal representatives of said pensioner.
And provided further , That hereafter all United States officers now authorized to administer oaths are hereby required and directed to administer any and all oaths required to be made by pensioners and their witnesses in the execution of their vouchers for their pensions free of charge.
18231 b—2 m
For the fiscal year beginning July 1, 1889, and ending June 30, 1890: not a day before nor after.
(REC. FEB 26 1892) See title in "Laws" s.p. 82.

(10)
ability. R. S. U. S., sec. 4719.
An act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June 30, 1891, and for other purposes.
Re it enacted by the Senate and House, etc., [$97,090,761.] * * * * *
AND PROVIDED FURTHER, That hereafter a check or checks drawn by a pension agent in payment of pension and mailed by him to the address of the pensioner, shall constitute payment within the meaning of section 4765, Revised Statutes, in the event of the death of a pensioner subsequent to the mailing and before the receipt of said check; and the amount which may have accrued on the pension of any pensioner subsequent to the last quarterly payment on account thereof and prior to the death of such pensioner shall, in the case of a husband, be paid to his widow, or if there be no widow, to his surviving minor children or the guardian thereof, and in the case of a widow, to her minor children: PROVIDED FURTHER, That hereafter, whenever a pension certificate shall have been issued and the pensioner mentioned therein dies before payment shall have been made, leaving no widow and no surviving minor children, the accrued pension due on said certificate to the date of the death of said pensioner may, in the discretion of the Secretary of the Interior, be paid to the legal representatives of said pensioner, etc.
Approved June 30, 1890.
For the year ending June 30, 1891.
No such provisos in the "existing law." for current fiscal year, ending June 30, 1892. If the appropriation act of March 1, 1889, " amended " sec. 4718, the act of June 30, 1890, must have " amended " that of March 1, 1889? If the act of June 30, 1890, became obsolete after June 30, 1891? Is it obsolete? If not, why not disburse under its provisos and drop the act of March 1, 1889? That money is gone.

O. W. & N. Div. M C G. Ex'r. Old War No. 10,598. F.M. Fanny Chance, Wid. of Isaac Fisher.
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS,
WASHINGTON, D. C., February 25, 1892.
Sir:
In reply to your communication relative to the above noted case you are informed that claims for accrued pension, and for reimbursement for last sickness and burial expenses, can only be considered under Section 4718 Revised Statutes, and the Act of March 1 st 1889. If you think that the Bureau is in error in the matter, you have the privilege of appealing against its action. Appeals should be made to the Hon. Secretary of the Interior, not to the Commissioner of Pensions.
Very respectfully,
Green B. Raum
Commissioner.
S. R. Downey, City.
February 26, 1892.
To the Secretary of the Interior, Washington, D. C.
Sir:
(REC. FEE 26 1892)
Having excepted to

Page 2.
the commissioner's decision and having appealed from it, I now ask a writ of error to the commissioner for an immediate report and ask for a decision of the question at issue immediately after action  upon all other appeals taken on the same day. "Writs of error" having been abolished in some States, a lawyer of the present generation may be excused for " appealing " where an

Page 3. error intervenes and to another power. Saint Paul appealed to caesar; but the power of the Roman empire conveyed his " appeal " and himself to Rome.
The thread of this argument was left in the decision dated Feb. 24, 1892, just received in No. 5148-1890, Frances M. Harris .
I ask that it be taken up now in connection with what I said two years ago. Upon a failure of " minor children ", why not pay to other " children " under the act of June 19, 1840, and, on " failure of issue ", leave the balance to be claimed by the good " person " who paid expenses? Respectfully,
S. R. Downey.
3)

accrued pension was due on the certificate at the date of death, regardless of whether death occurred prior or subsequent to the passage of the act. The latter contention of the appeal is not covered by your action in the case.
It will be observed that, according to the opinion of the Attorney-General, your construction of the proviso in question, so far as it relates to the date of issuing the certificate , was erroneous; but the claim can not be allowed for the reason that the pensioner died before the passage of the act. / It is obvious, also, that the act of March 1, 1889, conferring discretionary power upon the Secretary of the Interior, is not applicable to a widow's nor to a mother's pension , it being applicable only "whenever a pension certificate shall have been issued and the pensioner mentioned therein dies before payment shall have been made, leaving no widow and no surviving minor children , the accrued pension due on said certificate, to the date of the death of such pensioner, may, in the discretion of the Secretary of the Interior, be paid to the legal representatives of said pensioner." / Therefore, your action in holding that said act does not vest in the Secretary the discretionary power to cause the accrued pension in this case to be paid to the legal representatives of the deceased was correct, but an erroneous reason was assigned for it.
You correctly informed Mr. Downey that the application for reimbursement for bearing expenses of last illness and burial should be made according to the provisions of section 4718, R. S., to the Third Auditor of the Treasury Department.
Not in opinion sent counsel.
Sec. 4718, R. S. of U. S.: If any ? pensioner has died etc., etc., " his widow " etc. "and if no widow " etc., etc. "where he did not leave etc. See act of June 19,
1840: " whether male or female "

ACCRUED PENSION: WHEN PAID: TO WHOM PAID.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted, That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased.
(See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted, That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children.
(No limitation of age appears.)
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted, That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted, That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAP. 247.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two.
SEC. 10. And be it further enacted, That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen, eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act which this is amendatory.
Approved, July 4, 1864.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension." That remains to be decided. The contrary may be easily demonstrated.

ACCRUED PENSION: WHEN PAID: TO WHOM PAID.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted, That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased.
(See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted, That * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children.
(No limitation of age appears.)
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case any male pensioner shall die, leaving children, but no widow , the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children , to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate , nor liable to be applied to the payment of the debts of said estate, in any case whatever . (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted, That in case any pensioner who is a widow , shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted, That in case of the death of any pensioner , whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAP. 247.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two.
SEC. 10. And be it further enacted, That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen, eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act which this is amendatory.
Approved, July 4, 1864.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension ." That remains to be decided. The contrary may be easily demonstrated.
(8)

(9)
REC. FEE 26 1892 by S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
Male pensioner? Male person?
REVISED STATUTES.—SEC. 4718.— If any pensioner has died, or shall hereafter die; or if any person entitled to a pension, having an application therefor pending, has died, or shall hereafter die, his widow , or if there is no widow , the child or children of such person, under the age of sixteen years , shall be entitled to receive the accrued pension to the date of the death of such person. Such accrued pension shall not be considered as a part of the assets of the estate of the deceased, nor liable to be applied to the payment of the debts of said estate in any case whatever, but shall inure to the sole and exclusive benefit of the widow or children ; and if no widow or child survive, no payment whatsoever of the accrued pension shall be made or allowed—except so much as may be necessary to reimburse the person who bore the expenses of the last sickness and burial of the decedent, in cases where he did not leave sufficient assets to meet such expenses.
and, on failure of minor children?
Extract from Chapter 332, Act of Congress approved March 1, 1889.
And provided further , That a check or checks drawn by a pension agent in payment of pension due, and mailed by him to the address of the pensioner, shall constitute payment within the meaning of section forty-seven hundred and sixty-five Revised Statutes, in the event of the death of a pensioner subsequent to the mailing and before the receipt of said check; and the amount which may have accrued on the pension of any pensioner subsequent to the last quarterly payment on account thereof and prior to the death of such pensioner, shall in the case of a husband be paid to his widow, or if there be no widow to his surviving minor children or the guardian thereof, and in the case of a widow to her minor children : ←
See "Laws" etc., page 82, for title.
Provided further , That hereafter whenever a pension certificate shall have been issued and the pensioner mentioned therein dies before payment shall have been made, leaving no widow and no surviving minor children, the accrued pension due on said certificate to the date of the death of such pensioner may, in the discretion of the Secretary of the Interior, be paid to the legal representatives of said pensioner.
And provided further , That hereafter all United States officers now authorized to administer oaths are hereby required and directed to administer any and all oaths required to be made by pensioners and their witnesses in the execution of their vouchers for their pensions free of charge.
18231 b-2 m
For the fiscal year beginning July 1, 1889, and ending June 30, 1890; not a day before nor after.
(REC. FEE 26 1892) See title in "Laws" etc. p. 82.

and acquainted with its contents before executed the same. I further certify that I am in nowise interested in said case, nor am I concerned in its prosecution ; and that said affiant personally known to me and that credible person.
..... (Official Signature.)
[L. S.]
..... (Official Character.)
I, ..... Clerk of the County Court in and for aforesaid County and State, do certify that ..... , Esq., who has signed his name to the foregoing declaration and affidavit was at the time of so doing ..... in and for said County and State, duly commissioned and sworn ; that all his official acts are entitled to full faith and credit, and that his signature thereunto is genuine.

PENSION CITATIONS AND DECISIONS.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased. [4 Statutes at Large, page 350.] (See act of March 1, 1889.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children. [4 Statutes at Large, p. 529.]
CHAP. 44.—An Act to provide for the payment of volunteers and militia corps in the service of the United States. Approved, March 19, 1836.
SEC. 5. And be it further enacted , That * * * such child, or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years the half pay for the remainder of the time shall go to the child or children of said decedent; etc. [5 Stat., 7.]
CHAP. 362.—An Act granting half pay to widows or orphans, where their husbands and fathers have died of wounds received in the military service of the United States in certain cases and for other purposes. Approved, July 4, 1836.
SEC. 1. Be it enacted, etc. , That * * * such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years the half-pay for the remainder of the time shall go to the [child or children of] said decedent; etc. (No limitation of age appears.)
SEC. 2. And be it further enacted , That if any * * * have died * * * the amount of pension which would have accrued * * * shall be paid to his widow; and, if he left no widow, to his children, in the manner prescribed in the act hereby amended. [5 Statutes at Large, page 127.]
CHAP. 39.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children , to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate , nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator. [5 Statutes at Large, page 385.]
CHAP. 217.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two. Approved July 4, 1864.
SEC. 10. And be it further enacted , That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen,

12
eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act to which this is amendatory.
NOTE.—The use of "having" for "leaving" is probably an error in enrolling the act.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension. " The contrary may be easily demonstrated.
CHAP. 106.—An Act supplementary to theseveral acts relating to pensions. Approved June 6, 1866.
SEC. 6. And be it further enacted , That if any person entitled to an invalid [a] pension has di d since March four, eighteen hundred and sixty-one, or shall hereafter die while an application for such pension is pending, and after the proof has been completed, leaving no widow and no minor child under sixteen years of age, his heirs or legal representatives shall be entitled to receive the accrued pension to which the applicant would have been entitled had the certificate been issued before his death.
NOTE.—As re-enacted July 27, 1868, reads: "a" for "an invalid," and "his or her" for "his."
CHAP. 235.—An Act increasing the pensions of widows and orphans, and for other purposes. Approved July 25, 1866.
SEC. 4. And be it further enacted , That if any person, during the pendency of his application for an invalid pension and after the completion of the proof showing his right thereto, has died, or shall hereafter die, but not in either case by reason of a wound received or disease contracted in the service of the United States and in the line of duty, his widow, or if he left no widow, or in the event of her death, or marriage, his relatives in the same order in which they would have received a pension if they had been thereunto entitled, under existing laws, on account of the services and death in the line of duty of such person shall have the right to demand and receive the accrued pension to which he would have been entitled had the certificate issued before his death; and in all cases where such person so entitled to an invalid pension has died, or shall hereafter die, under circumstances hereinbefore mentioned, whether by reason of a wound received or disease contracted in the service of the United States and in the line of duty, or otherwise, without leaving a widow or such relatives, then such accrued pension shall be paid to the executor or administrator of such person in like manner and effect as if such pension were so much assets belonging to the estate of the deceased at the time of his death.
NOTE.—The digest issued by the Commissioner of Pensions in 1885 says this section was amended and re-enacted by section 9, act of July 27, 1868, which is manifestly untrue.
CHAP. 261.—An Act relating to pensions. Approved, July 27, 1868.
SEC. 9. And be it further enacted , That section six of an act entitled "An act supplementary to the several acts relating to pensions," approved June six, eighteen hundred and sixty-six, be, and the same is hereby, amended and re-enacted, so as to read as follows: That if any person entitled to a pension has died since March fourth, eighteen hundred and sixty-one, or shall hereafter die, while an application for such pension is pending, leaving no widow and no child under sixteen years of age, his or her heirs or legal representatives shall be entitled to receive the accrued pension to which the applicant would have been entitled had the certificate been issued before his or her death.
NOTE.—The digest issued by the Commissioner of Pensions in 1885 says (on page 510) that section 4 of the act approved July 25, 1866, was "amended and re-enacted by section 9, act of July 27, 1868," all of which is untrue.

Page 4.
No. 90.
DEPARTMENT OF THE INTERIOR,
WASHINGTON, D. C., December 10, 1890.
ACCRUED PENSION—ACT OF MARCH 1, 1889.
FRANCES M. HARRIS.
The act of March 1, 1889, conferring discretionary power on the Secretary of the Interior with reference to the payment of accrued pension due on the certificate of a deceased pensioner, construed and applied. The act relates alone to the case of a pensioner who dies leaving neither a widow nor a minor child.
Assistant Secretary Bussey to the Commissioner of Pensions, Dec. 10, 1890.
I return herewith the papers which accompanied your report of November 24, 1890, upon the appeal from your action in the claim of Minerva Stone (deceased), widow of James Stone, New Hampshire Militia, Mexican War (Certificate No. 30,941).
Minerva F. Stone was pensioned at $8 per month as the widow of James Stone, a Mexican War soldier. Her pension was last paid to June 4, 1886. She died August 23, 1886.
February 9, 1890, S. R. Downey, of Washington, D. C., filed a power of attorney from Frances M. Harris to prosecute her claim for the "arrears of pension and pension accrued" due her grandmother at her death on her pension certificate under the provisions of section 4715, R. S., and the act of March 1, 1889. It is also stated in the power of attorney that the said Frances M. Harris bore the expenses of her grandmother's sickness and burial.
Mr. Downey requested that the case be submitted to the honorable Secretary for the exercise of the discretion vested in him by the act of March 1, 1889. In response to this request he was informed by you that said discretion is not conferred by said act except in cases where the certificate was issued subsequent to the passage of the act, and that application for reimbursement for bearing expenses of last illness and burial should be made to the Third Auditor of the Treasury.
Mr. Downey appeals from your construction of the act of March 1, 1889.
There being a conflict of opinions as to the proper construction to be placed upon that proviso of the act of March 1, 1889, bearing upon the question at issue in this case, the honorable Secretary of the Interior referred it to the Attorney-General for an advisory opinion. Under date of July 10, 1889, the Attorney-General replied as follows:
Your communication of the 3d June ultimo, submits for opinion a proviso of the act of March 1, 1889, entitled "An act making appropriations for the payment of invalid and
4

other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninety, and for other purposes" (25 stat., 782), which said proviso is in the following words:
Provided further , That hereafter whenever a pension certificate shall have been issued and the pensioner mentioned therein dies before payment shall have been made, leaving no widow and no surviving minor children, the accrued pension due on said certificate to the date of the death of such pensioner may, in the discretion of the Secretary of the Interior, be paid to the legal representatives of said pensioner.
A question has arisen upon this provision as to whether it applies to all outstanding pension certificates or only to those that have been issued since the passage of the act and that may hereafter, from time to time, be issued.
If, prior to this statute, a pensioner died, without leaving a widow or a minor child or children, the accrued pension due on the pensioner's certificate up to the date of his death was not demandable by his legal representatives, and thus was lost to creditors and others entitled to share in his estate.
It is evident that legislation of this kind is in furtherance of natural equity and is of a highly beneficial character.
Now, it seems to me that the case of a pensioner whose certificate was issued before the passage of the act is as much within the mischief sought to be avoided as that of a pensioner whose certificate was issued since the act went into effect, and it is more than probable that, if Congress had intended to restrict the law to the latter cases it would have said "that whenever hereafter a pension certificate shall have been issued" and not "that hereafter whenever a pension certificate shall have been issued."
Supposing, however, that the meaning is doubtful, as may well be said in view of the difference of opinion between two high officers as to the scope of the proviso, which you bring to my notice, it seems to me quite proper to give the largest operation to the proviso that can be given without doing violence to its language, or, as Mr. Wilberforce says, speaking of remedial statutes, "where the words are open to doubt they are to receive a construction which will advance the objects of the act." (Stats., 235.)
Another question that has arisen is as to whether a pensioner must have died since the proviso was enacted to entitle his legal representatives to claim the amount of pension that had accrued at the time of his death.
This question must be answered in the affirmative, for, otherwise, the word "hereafter" would be consigned to silence, in violation of the rule that every statute must, if possible, have some meaning attached to it. We have said that Congress, by the use of " hereafter ," had no reference to the time when a pension certificate was issued; it follows, then, that Congress must have intended by that word, if it was to have any effect at all, that the benefit of the proviso could only be extended to cases where the pensioner died after the proviso went into operation. Indeed, the use of the present tense " dies ," namely, "that hereafter whenever a pension certificate shall have been issued, and the pensioner mentioned therein dies ," etc., prevents the proviso from being applied to cases where pensioners had died when the law took effect. This use of the present tense in connection with certain adverbs of time to denote futurity, as in the expression when he arrives , I will send for you, is not peculiar to the English language, and is so common that we must suppose that Congress meant by the use of the present tense " dies ," in connection with " whenever ," precisely what would be conveyed thereby in common speech.
The foregoing opinion is accepted by the Department as a correct interpretation of the law; and, the question being res adjudicata , it is not necessary to answer, in detail, the argument of Mr. Downey, the purpose of which is to show that your Bureau was in error in holding that said proviso includes only cases in which the certificate was issued subsequent to the passage of the act and also that it applies to all cases where 5

Brief in the Case of Mrs. Fanny Chance, formerly widow of Isaac Fisher.
Pike
County and State of Indiana.
Act 3 rd February 1853.
CLAIM FOR NEW PENSION Continued.
PROOF EXHIBITED,
Claimant's first husband was a revolutionary pensioner on the Indiana roll, at the rate of $20. per An: The marriage is established by parol and record evidence. Pensioner died in 1844, and Claimant intermarried with Joseph Chance. The second marriage is proven by record evidence, and Joseph Chance died June 17 th 1863, as appears, by satisfactory parol proof. Claimant has remained a widow since her 2 d husband's death as appears, by satisfactory evidence. She drew the arrears of pension due her first husband at his decease.
Claim is admitted under the 2 d section of the Act of Feb'y, 3 rd 1853, at the rate of $20. per An; Commencing the 17 th June, 1863, when 2 d husband died and to continue during her widowhood.
Sept. 27 th 1866,
Name and residence of Agent.
Thomas E. Lloyd, Esq., Present,
Examining Clerk.
B. Updegraff,

Mrs. Chance
Rev. Pease
Fanny Clancey
for wife
Isaac Fisher,
Oct 5 th 1841,
Jan'y 20 th 65. Call simply for proof of marriage record and burial date of 2 nd wife: death

Washington D.C. Aug. 30. 1856.
Dear Do r H. Barrett
Sir
I herewith enclose the additional evidence required in the Revolutionary Pension claim of Fanny Chance former widow of Isaac Fisher also a former Revolutionary Pensioner in compliance with your instructions of January 20 th 1853.
I would also beg attention to the Bounty Land claim filed by Mrs. Chance.
Very Resp t
Chas. Slayden

Treasury Department,
Third Auditor's Office,
Sept. 8 th , 1866.
Hon Joseph H. Barnett Conn. Sen. Sir,
In reply to yours of date 5 th Inst. relating to the time when the pensioner Isaac Fisher . Ind. Roll, Act. 7 th June 1832 was last paid, and who drew the Arrears. I have to state that said pensioner was paid last from 4 th Sept. 1844 to date of his death 31 st Dec. 1844 - (2 nd Qr. 1845) — and that Fanny Fisher, widow of pensioner drew lab! Amounting to Sixteen 50 / 100 per vols. —
Very Respectfully John Wilson Auditor
H. B.

Fanny Chace was: of Isaac Fisher-Is Claim for Pensioner San Felipe? B

Wash. D.C.
Nov. 9 th 1855
Hon J. A. Barrett Commissioner
Sir
On the 16 th Jan'y 1865 I filed the Bond Claim under Act of the 7 th June 1832 of Fanny Chance widow of Isaac Fisher (dec'd) who was a Revolutionary Pensioner at the Ohio Agency. Since which time I have heard nothing therefrom. Be pleased to inform me the condition thereof. —
Very Respectful Thos. C. Slayton

7.239 Increase Brief in the Case of Fanny Chaney Fanna Widow of Isaac Isham Proov. Winslow Pike County and State of Indiana Ind Act D o Sec Feb. 3. 1853
CLAIM FOR NEW PENSION CERTIFICATE,
PROOF EXHIBITED,
Pension Roll of Indiana at $20. per annu.
But returned. Claim, as provided in act of July 27. 1868.
Personal identity & widowhood shown
Admitted Nov 25. 1868 to a pension at $96. per annu to commence July 27. 1868 deducting pay since
Name and residence of Agent.
George Bee Winslow Pike Co Ind.
W. E. Trask Examining Clerk.

Payment to be made at Indianapolis by J. M. Ray
Agent for paying Pensioners, in the Agency of Indianapolis Ind
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 3d, 1853, Page 224 Vol. 26.
J. R. Collier Clerk.

States in 1867 That She has lived in Pike Co Ind for 24 years past and previously in Illinois

DEPARTMENT OF THE INTERIOR.
WIDOW'S PENSION.
7239
I certify that, in conformity with the 2d section of the act of February 3, 1853,
_____ Fanny Chance, former- widow of _____ Isaac Fisher _____ who was a _____ Private _____ in the revolutionary war, is inscribed on the Pension List, at the rate of _____ Twenty _____ dollars and _____ cents per annum, commencing on the 17 th of June 1863 3d of February, 1853 , and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the Department of the Interior, this Second day of October one thousand eight hundred and Sixty
Six, H. T. Atkinson Acting Secretary of the Interior.
Examined and countersigned.
DeP. A. Barnett, Commissioner of Pensions.

APPLICATION FOR A TRANSFER.
County of Pike ss.
On this twenty seventh day of June 18 70 before me, the subscriber, a Justice of the Peace for the said County of Pike personally appeared Isaac Fisher who, on his oath, declares that he is the same person who formerly belonged to the Company commanded by Captain Giles Mead in the Regiment commanded by Colonel Shrews in the service of the United States; that his name was placed on the pension roll of the State of Ohio from whence he has lately removed; that he now resides in the State (District, or Territory,) of Indiana where he intends to remain, and wishes his pension to be there payable, in future. The follow- are his reasons for removing from Ohio to Indiana  the  the expectation of being enabled to better his circumstances by procuring land at a cheap rate. There being no unowned land in the neighborhood where he formerly resided
Sworn and subscribed to before me, } the day and year aforesaid. }
Isaac Fisher
John C. Davenport
☞ The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
☞ The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath, is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.
☞ In every case where the Clerk of the Court, or other certifying officer, has no public seal of office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should be sent with the papers.
☞ Mode of authenticating papers. —In every instance where the certificate of the certifying officers who authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small ribbon, the ends of which must pass under the seal of office of the certifying officer so as to prevent any paper from being improperly attached to the certificate.

State of Indiana Pike County ss I John McIntire Clerk of the Pike Circuit Court do hereby certify that William C Davenport Esquire is an acting Justice of the Peace in and for the County of Pike aforesaid and that the within signature purporting to be his is genuine Given under my hand and the seal of my office at Petersburg the 27 th June 1840
John McIntire Clerk
John McIntire do hereby certify that Isaac Fisher who has taken the within oath for the purpose of having a transfer of his jurisdiction is the person described in the affidavit July 8 th 1840
John McIntire Clerk
Sworn & subscribed to before me the 8 th day of July 1840 Wm C Davenport J.P.
I William C Davenport a Justice of the Peace in and for the County of Pike do hereby certify that John McIntire subscriber to the foregoing affi- davit is a person of veracity. Given under my hand and seal the 8 th day of July 1840
Wm C Davenport J.P.

State of Indiana Pike County
I John McMartin Clerk of the Pike Circuit Court do hereby certify that William C Davenport Esquire is an acting Justice of the peace in and for the County of Pike aforesaid, and that the foregoing signature purporting to be his is genuine
Given under my hand and seal at Petersburg the 8 th day of July
AD 1840
John McMartin Clk

Commercial Bank of Cincinnati
Pension Agency July 25 th 1840.
Sir,
Your letter making enquiries relative to the time of the last payment to Isaac Fisher a Revolutionary Pensioner under the Act of 7 th June 1832 has been received.
The pensioner alluded to has been paid up to 4 th day of
September 1839.
I am Very Respectfully Yr Obt Servt.
J. S. Edwards Commission of Pensions Washington D.C.
J. Arnold King Pension Agent.

TREASURY DEPARTMENT,
Second Comptroller's Office,
January 19 th 1841.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States" Isaac Fisher , — a Pensioner on the Roll of the Madison Agency , at the rate of Twenty Dollars and _____ Cents per annum, under the law of the 7 th June 1832 , has been paid at this Department, from the 4 th of Sept. 1839 , to the 1 st March 1840 .
Respectfully yours,
Almon B. Farris Comptroller.
To the Commissioner of Pensions, Present.

1715. CHARLES C. FISHER ATTORNEY AT LAW MARION, OHIO.
BENNETT BUILDING
26 April, /23
The Commissioner of Pensions,
Washington, D. C.,
Dear Sir ;
Col. Curry of Columbus tells me that you can give the burial place of all Revolutionary soldiers who were living in 1840.
Can you furnish this information as to Isaac Fisher who moved from his farm near Columbus, Ohio, to the neighborhood of Worthington, Ind. in the thirties ?
Thanking you for whatever assistance you can give
I remain
Very truly yours,
C. C. Fisher
deed in Pike County, Ohio in Dec 1846 1844
Auditor reports date of death as Dec 31, 1844

69 Orchard Lane Columbus Ohio August 1-1936
The Veterans Administration Washington DC
Gentlemen:
Will you be good enough to send me what information your office is privileged to give concerning the life & war record of Isaac Fisher who served in the Revolution from New Jersey- I would like to know:
① date & place of birth ② parentage ③ date & place of death ④ did he leave widow surviving?

He lived during the early part of the 19 th century (1806-1835, roughly) — in central Ohio — but seems to have moved farther west.
(5) did he receive pension — how much? (6) were there children surviving? names?
I shall greatly appreciate any help you may give me regarding the life, career & connections of this man —
Very truly yours —
(Miss) Jessie Folsom